2015 ORS 646.633¹
Action by prosecuting attorney prohibited without request of Director of Department of Consumer and Business Services

(1) For purposes of this section, "state regulated lender" means:

(a) A banking institution as defined in ORS 706.008 (Additional definitions for Bank Act);

(b) A credit union as defined in ORS 723.006 ("Credit union" defined);

(c) A person that is required to be licensed under ORS 725.045 (Prohibition on making certain consumer finance loans without license);

(d) A pawnbroker, as defined in ORS 726.010 (Definitions), that is required to be licensed under ORS chapter 726; or

(e) A mortgage banker, mortgage broker or loan originator, as those terms are defined in ORS 86A.100 (Definitions), that is required to be licensed under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English).

(2) A prosecuting attorney may not take action under ORS 646.618 (Investigative demand) or 646.632 (Enjoining unlawful trade practices) with respect to an alleged unlawful practice under ORS 646.607 (Unlawful business, trade practices) or 646.608 (Additional unlawful business, trade practices) when the conduct involves loans or extensions of credit and was engaged in by a state regulated lender unless requested to do so by the Director of the Department of Consumer and Business Services. In any action requested to be taken by the director under this subsection, the director may elect to be named as a party to the proceeding or suit.

(3) The Attorney General may not adopt rules under ORS 646.608 (Additional unlawful business, trade practices) (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except with the prior review and approval of the proposed rules by the director. The Attorney General may not adopt rules under ORS 646.608 (Additional unlawful business, trade practices) (4) with respect to conduct involving loans or extensions of credit that is engaged in by a state regulated lender except as provided in this subsection.

(4) As soon as practicable upon receipt, the Attorney General shall provide the director with copies of any complaint or other initial pleading or any judgment received under ORS 646.638 (Civil action by private party) when the action involves the conduct of a state regulated lender. [2010 c.94 §6]

Notes of Decisions

A complaint which alleges in one count that defendants advertised automobile for sale with intent not to sell it as advertised, in a sec­ond count that there was a failure to disclose advertised price coupled with sale at greater amount sufficiently pleads ac­tion under Act. Sanders v. Francis, 277 Or 593, 561 P2d 1003 (1977)

Plaintiff's purchase of truck to carry on business of hauling freight in order to provide family invest­ment and employ­ment for family member did not fall within pro­vi­sions of Act. Searle v. Exley Express, Inc., 278 Or 535, 564 P2d 1054 (1977)

Amend­ment of defini­tion of "trade" and "commerce" to include "advertising, offering or distributing, whether by sale, rental or otherwise, any real estate, goods or services" does not indicate legislative intent to extend applica­tion of Unfair Trade Practices Act to loans and extensions of credit. Lamm v. Amfac Mortgage Corp., 44 Or App 203, 605 P2d 730 (1980)

There is no require­ment that consumer prove all ele­ments of common law fraud in order to recover damages under Unlawful Trade Practices Act. Raudebaugh v. Ac­tion Pest Control, 59 Or App 166, 650 P2d 1006 (1982)

Plaintiff's allega­tions that defendant escrow company represented that plaintiff would receive security interests on notes from sale of their business did not constitute misrepresenta­tions ac­tionable under Unlawful Trade Practices Act. Samuels v. Key Title Co., 63 Or App 627, 665 P2d 362 (1983), Sup Ct review denied

Law Review Cita­tions

56 OLR 490 (1977); 13 WLJ 455 (1977)

Notes of Decisions

Where users of IUDs brought suit against manufacturer on variety of grounds, claiming damages for infertility, private en­force­­ment pro­vi­sion of Oregon Unlawful Trade Practices Act (UTPA) does not provide remedy for per­sonal injuries. Allen v. G.D. Searle and Co., 708 F Supp 1142 (D. Or. 1989)

For purposes of applying Oregon Unlawful Trade Practices Act, real estate, goods or services are obtained primarily for per­sonal, family or household purposes if (1) real estate, good or service is customarily purchased by substantial number of people for per­sonal, family or household use and (2) per­son actually purchases real estate, good or service for per­sonal, family or household use. Fowler v. Cooley, 239 Or App 338, 245 P3d 155 (2010)

Law Review Cita­tions

51 OLR 335, 346, 408 (1972); 53 OLR 473-475 (1974); 94 OLR 589 (2016)

Chapter 646

Notes of Decisions

Subject matter regulated by this chapter is not "preempted" by Federal Robinson-Patman Act so as to render this chapter invalid. W. J. Seufert v. Nat. Restaurant Supply Co., 266 Or 92, 511 P2d 363 (1973)

Whether an injunc­tion should issue when a court finds a viola­tion of the Act is a matter of discre­tion. State ex rel Johnson v. Interna­tional Harvester Co., 25 Or App 9, 548 P2d 176 (1976)

This chapter imposes no af­firm­a­tive duty to inform customers of rates in absence of request, but prohibits making in­for­ma­­tion about prices available to some customers and not others. Wildish Sand & Gravel v. Northwest Natural Gas Co., 103 Or App 215, 796 P2d 1237 (1990), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 646—Trade Practices and Antitrust Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 646, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.